Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64680 of 2024 Arising Out of PS. Case No.-1927 Year-2011 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== 1.

Kiran Devi Umesh Chandra Mishra @ Umesh Mishra Resident of Village - Ganeshpur, P.S.- K. Nagar, Dist.- Purnia.

2.

Umesh Chandra Mishra @ Umesh Mishra Son of Late Kamala Kant Mishra Resident of Village - Ganeshpur, P.S.- K. Nagar, Dist.- Purnia. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Parbati Devi @ Parwati Devi Wife of Late Krishna Mohan Yadav Resident of Village - Ganeshpur, P.S.- K. Nagar, Dist.- Purnia. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhav Jha, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-10-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 406, 420, 120B of the Indian Penal Code.

3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no.1 is a woman and the informant alleges that he sold her land to Kiran Devi (petitioner no.1) and the consideration for the land was fixed at Rs. 1,93,600/- but the petitioner gave only Rs. 55,000/- on the pretext that rest amount is coming from behind

Patna High Court CR. MISC. No.64680 of 2024(2) dt.17-10-2024 2/3 but the rest amount was never paid, though, the registered sale deed was executed.

4.

Learned counsel for the petitioners submits that no doubt the case is of the year 2011, but then, the petitioners, on advised, had filed a quashing application being Cr. Misc. No. 50782 of 2015 but the same was dismissed by an order dated 17.03.2023. It is next submitted that thereafter the petitioners moved before the learned District Court seeking anticipatory bail when the same came to be rejected by the order impugned. It is next submitted that a dispute involved in the present case is purely civil to which a criminal colour has been given. It is further submitted that the sale-deed was executed after the informant received her entire money.

It is also submitted that if the complainant is aggrieved by the fact that the entire consideration amount of the land has not been paid, in that event, she had a remedy of approaching a court of competent civil jurisdiction for recovery a dues by filing an appropriate case, but then, the instant criminal case has been instituted only view a view to coerce the petitioners into submission so that they accede to the fanciful demand of the complainant under fair of arrest.

5.

Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.64680 of 2024(2) dt.17-10-2024 3/3 anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 1927 of 2011 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Guddu/- U T